Cummings v. Daley
| Decision Date | 17 September 1974 |
| Docket Number | No. 44340,44340 |
| Citation | 58 Ill.2d 1,317 N.E.2d 22 |
| Parties | Michael CUMMINGS et al., Appellees, v. Richard J. DALEY, Mayor, et al., Appellants. |
| Court | Illinois Supreme Court |
Richard L. Curry, Corp. Counsel, Chicago (William R. Quinlan, Daniel Pascale, Jerome A. Siegan, and Thomas J. Cachor, Asst. Corp. Counsels, Chicago, of counsel), for appellants.
Edward J. Burke, Chicago, for appellees.
The circuit court of Cook County quashed the return to a writ of Certiorari which it had issued to review a decision of the mayor of the city of Chicago suspending for 90 days the real estate licenses of the three plaintiffs, Gem Real Estate and Management Company (Gem), Nathan Weisman, the president of Gem, and Michael Cummings, a salesman employed by Gem. The case is here upon direct appeal by the mayor and the Chicago Commission on Human Relations (Commission), under former Supreme Court Rule 302. Ill.Rev.Stat.1969, ch. 110A, par. 302.
The order of suspension was based upon the recommendation of the Commission which, after a public hearing before a hearing examiner on three complaints filed by residents of the South Lynne neighborhood, had found that on two occasions Gem, Weisman, and Cummings had violated section 3(f) of the Chicago Fair Housing Ordinance (Municipal Code of Chicago, ch. 198.7B, sec. 3(f)) when Cummings solicited for sale certain residential real estate on the ground of loss of value due to the entry and prospective entry of Negroes into the neighborhood.
The defendants first contend that the circuit court erred in reviewing the order of the mayor and the proceedings of the Commission by common-law writ of certiorari rather than under the provisions of the Administrative Review Act (Ill.Rev.Stat.1969, ch. 110, par. 264 et seq.). In support of their position they rely upon section 2 of the Administrative Review Act, which provides:
(emphasis added) (Ill.Rev.Stat.1969, ch. 110, par. 265).
and upon section 9 of the Chicago Fair Housing Ordinance, which states:
'* * * Any broker whose license has been suspended or revoked by the Mayor, or any complainant aggrieved by the decision of the Mayor, shall have full right to appeal from such order of suspension or revocation in accordance with procedure specified in the Administrative Review Act of Illinois.' Municipal Code of Chicago, ch. 198.7B, sec. 9.
The contention is that the ordinance is an 'Act creating * * * such agency,' which 'by express reference, adopts the provisions of (the Administrative Review) Act.'
In Paper Supply Co. v. City of Chicago (1974), 57 Ill.2d 553, 317 N.E.2d 3, we held invalid a provision of the city of Chicago's 'head-tax' ordinance which had attempted to adopt the provisions of the Administrative Review Act with respect to proceedings for judicial review of administrative decisions under that ordinance. In so doing we rejected the contention that is advanced in this case. The same result must follow here. As we pointed out in the Paper Supply Co. case,
'* * * The method of judicial review of the decisions of the defendant city's administrative agencies is not a 'function pertaining to...
To continue reading
Request your trial
-
Graff v. City of Chicago
...of administrative agency decisions. Paper Supply Co. v. City of Chicago, 57 Ill.2d 553, 317 N.E.2d 3, 16-17 (1974); Cummings v. Daley, 58 Ill.2d 1, 317 N.E.2d 22, 23 (1974). In each of those cases the Supreme Court of Illinois rejected a home rule municipality's attempts to determine "both ......
-
Town of Cicero v. Fox Valley Trotting Club, Inc., 47735
...applied elsewhere in the home rule context. (See Paper Supply Co. v. City of Chicago, 57 Ill.2d 553, 580, 317 N.E.2d 3; Cummings v. Daley, 58 Ill.2d 1, 3-4, 317 N.E.2d 22.) As we observed in Mulligan v. Dunne, 'an exercise oa a home-rule power under section 6(a) * * * is * * * valid unless ......
-
Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd.
...in the hands of the legislature; it is not the province of a court to amend a statute by judicial interpretation. In Cummings v. Daley (1974), 58 Ill.2d 1, 317 N.E.2d 22, three individuals made complaints against the plaintiffs with the City of Chicago Commission on Human Relations. After a......
-
Homefinders, Inc. v. City of Evanston
...relied upon decisions of this court in Paper Supply Co. v. City of Chicago (1974), 57 Ill.2d 553, 317 N.E.2d 3, and Cummings v. Daley (1974), 58 Ill.2d 1, 317 N.E.2d 22, in support of its conclusion that the City of Evanston was without power to declare the Administrative Review Act applica......